Order on Board

08.07.2022

1. The petitioner has filed the instant MCC seeking modification of order dated 05.04.2022 passed in WPL No. 177 of 2013 stating though the application for amendment incorporating Central Board of Trustees, EPF has been allowed, inadvertently, the same has not been mentioned in the final order passed by this Court on

05.04.2022.

2. Accordingly, it is ordered that in the cause title, name of “Central Board of Trustees, EPF through Regional Provident Fund Commissioner Employees, Provident Fund Organization Regional Office, Raipur (CG) Block-D, Scheme No.32, Indira Gandhi Commercial Complex, Pandri, Raipur (CG) PIN 492004” be incorporated before the existing name Regional Provident Fund Commissioner Central Board of Trustees, EPF and rest of the order passed by this Court on 05.04.2022 in WPL No. 177 of 2013 shall remain intact.

3. It is directed that the petitioner shall incorporate the above mentioned address in the WPL No. 177 of 2013 also.

4. With this observation and direction, the instant MCC stands disposed of.

5. A Copy of this order be retained in the original file of WPL No. 177 of

2013.

6. NIC is directed to delete the earlier order dated 05.04.2022 passed in WPL No. 177 of 2013 and uploaded the instant MCC on website of High Court along with WPL No.177 of 2013.

Sd/-

(Narendra Kumar Vyas)

JUDGE

Santosh

AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPL No. 177 of 2013 Reserved on : 14.02.2022 Delivered on : 05.04.2022 Regional Provident Fund Commissioner Employees' Provident Fund Organization Regional Office, Raipur (C.G.)

Block-D, Scheme No. 32, Indira Gandhi Commercial Complex, Pandri, Raipur (C.G.) PIN- 492004.

---- Petitioner Versus

1. M/s Bilaspur Spinning Mills & Industries Ltd., Lalkhadan, Bilaspur (C.G.)

2. Employees' Provident Fund Appellate Tribunal, Scope Minar, Core-II, 4th Floor, Laxmi Nagar District Centre, Laxmi Nagar, New Delhi- 110092.

---- Respondents For Petitioner : Mr. Sunil Pillai, Advocate.

For Respondent No. 1 : Mr. Sourabh Sharma, Advocate.

Hon'ble Shri Justice Narendra Kumar Vyas

CAV ORDER

1. The petitioner/Regional Provident Fund Commissioner Employees' Provident Fund Organization has filed the present Writ Petition (L) under Article 226/227 of the Constitution of India challenging order dated 08.09.2009 (Annexure P/1) passed by respondent No. 2 (Employees Provident Fund Appellate Tribunal) in ATA No. 22(8)2008 (M/s Bilaspur Spinning Mills and Industries Ltd. Vs. RPFC, Chhattisgarh).

2. Learned counsel for the petitioner would submit that he has filed application for amendment in the writ petition and would pray that above Regional Provident Fund Commissioner, Central Board of Trustees, EPF be allowed to incorporate. The said amendment is allowed. The petitioner has also filed an application for taking document on record which was copy of the judgment passed by Coordinate Bench of this Court in WPL No.

5032 of 2011, the same is allowed.

3. The brief facts as reflected from the record are that petitioner issued a notice to respondent No. 1 on 03.01.2007 (Annexure P/4) alleging there is delay in remittance of provident fund dues. The notice was issued for assessment of damages for delay remittance of provident fund dues for the period from March, 1982 to April, 2000. The Respondent No. 1 has submitted reply to the notice contending that due to financial crunch, they were unable to pay arrears of provident fund dues, therefore, Provident Fund Inspector has filed 80 criminal complaints (Annexure P/4) before the Judicial Magistrate First Class-cum -Labour Court, Bilaspur complaining for prosecution of petitioner company for commission of offences under Paragraph 76 (d) of the Employees' Provident Funds Scheme, 1952 read with Sections 14 (1), 14(1A), 14(2), 14A & 14AA of the Act, 1952 as they defaulted in making payment of provident fund dues for the period July, 1986 to January, 1991. The said offence is punishable under Section 14(1) & 14A of the Employees' Provident Funds and Miscellaneous Provisions